Description Analysis

Overview#

Analysis of legal descriptions is among the most demanding intellectual tasks a land surveyor performs. It requires a combination of mathematical skill, legal knowledge, and detective-like persistence. The surveyor must take a written document -- often decades or centuries old, frequently imperfect, sometimes contradictory -- and extract from it the intent of the parties and the location of the boundary on the ground.

"A detective's skills are often helpful and sometimes an absolute necessity in solving a problem description." -- Wattles, Writing Legal Descriptions (1976), Ch. 7, p. 7.4

Description analysis is not a passive exercise. The surveyor does not merely plot the description and report the result. The surveyor must actively evaluate the description for sufficiency, identify and resolve ambiguities, detect errors, and reconcile the description with the physical and record evidence. The product of this analysis is a professional opinion about the location of the boundary -- an opinion that must be defensible in both technical and legal terms.

The Analysis Process#

Step 1: Read the Entire Description

Before performing any calculations, read the description from beginning to end. Identify the type of description (metes and bounds, lot and block, government survey, or hybrid). Note the caption, the point of beginning, the sequence of courses, the calls to monuments and adjoiners, and any qualifications.

Step 2: Identify the Referenced Documents

List every recorded document, map, and deed referenced in the description. Obtain and review each one. A description cannot be analyzed in isolation -- it exists within a web of related documents, and those documents provide the context necessary for interpretation.

"One of the primary questions is whether there are enough references to documents in the public office of records, and are they, in turn, sufficient?" -- Wattles, Writing Legal Descriptions (1976), Ch. 7, p. 7.1

Step 3: Plot the Description

Plot the description on paper or by computer, following the courses as written. Use the stated bearings and distances, and note where the description references monuments, adjoiners, or other features that would override the stated dimensions.

Plotting serves two purposes: it reveals the geometric shape of the described parcel, and it exposes mathematical errors (misclosure, impossible geometry, inconsistent curve data) that may not be apparent from reading the text.

Step 4: Check Closure

Compute the mathematical closure of the traverse. A well-written description should close with reasonable precision. If it does not close, the misclosure must be analyzed:

• Is the misclosure small enough to be attributable to rounding or measurement imprecision?
• Does the misclosure suggest a specific error (a transposed digit, a reversed bearing, an omitted course)?
• Is the closing course intentionally approximate (indicated by "more or less" or by the absence of a stated distance on the final course)?

The closing course is often the weakest course in a description. Experienced scriveners place the least important boundary as the closing course because it absorbs accumulated error.

Step 5: Identify Controlling Elements

Apply the hierarchy of evidence to determine which elements of the description control in the event of conflict:

Note: This hierarchy follows Wattles, Writing Legal Descriptions (1976), Ch. 4. Items 5 and 6 (distances and bearings) are considered "interchangeable dependent upon circumstances" (Wattles, p. 4.03). The Brown's/Robillard hierarchy ranks courses (bearings) above distances; see the Evidence Hierarchy article for that ordering.

"In all cases where the description is being analyzed as to sufficiency and determination of the particular value, there must be not only a consideration of the superiority of call but, along with this, the principle that those material items that are most certain and least liable to question will predominate." -- Wattles, Writing Legal Descriptions (1976), Ch. 4, p. 4.3

Step 6: Reconcile with Field Evidence

Compare the plotted description against the field survey data: recovered monuments, occupation lines, physical features, and the positions of adjoining boundaries. Where the description and the field evidence conflict, the rules of construction determine which controls.

Sufficiency Analysis#

The first question in any description analysis is whether the description is sufficient -- whether it provides enough information to identify a single, specific parcel. A description that is insufficient may void the conveyance it supports.

"The value of the description depends upon its being sufficient and unambiguous. Even a county omitted from a description has been held to render a trust deed and the subsequent trustee's sale void." -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.8

Sufficiency has both technical and legal dimensions. Technically, the description must be surveyable -- a competent surveyor must be able to follow it and arrive at a defined parcel. Legally, the description must not require parol evidence to identify the property, unless the parol evidence is merely explanatory (as opposed to additive or contradictory).

"If a description is sufficient for a competent surveyor to locate the land on the ground, with or without extrinsic evidence, it is considered sufficient as between the parties." -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.8

Indicators of insufficiency include:

• The point of beginning cannot be identified or located
• The description does not close and no resolving evidence is available
• A critical reference document (map, deed, field notes) cannot be found
• The description could apply to more than one parcel
• The description is internally contradictory with no resolution

Identifying Ambiguities#

Ambiguity in a legal description can be patent or latent.

Patent ambiguity is apparent from the face of the instrument. The words themselves reveal the uncertainty -- for example, a description that says "thence southerly to the south line of the grantor's land" when the grantor owns multiple parcels.

Latent ambiguity becomes apparent only when the description is applied to the ground. The words seem clear, but when the surveyor attempts to follow them, two or more interpretations emerge -- for example, a call to "the junction of the railroad" when two junctions exist.

"Latent ambiguity is an uncertainty which does not appear upon the face of an instrument but arises from evidence aliunde of the words themselves." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.5

The distinction matters because the rules for resolving each type differ. Patent ambiguity may not be corrected by parol evidence in many jurisdictions. Latent ambiguity may be resolved by extrinsic evidence that explains which of the possible interpretations was intended.

The Senior-Junior Deed Analysis#

When two descriptions overlap -- that is, when two deeds purport to convey title to the same land -- the fundamental question is which deed has priority. This is the senior-junior analysis.

The senior deed is the one executed first in time. It conveys whatever title the grantor held at the time of its execution. The junior deed is the one executed later. It can convey only whatever title the grantor retained after the senior conveyance.

The principle is straightforward: a grantor can only convey what the grantor owns. If the grantor has already conveyed a parcel, a later deed that purports to include that same parcel is ineffective as to the overlapping area.

In practice, the analysis is complicated by:

• Conflicting descriptions. The senior and junior deeds may describe different areas, but the boundaries described may overlap on the ground due to measurement error.
• Recording order vs. execution order. In most jurisdictions, the recording acts protect a bona fide purchaser who records first, even if the deed was executed second.
• Estoppel. A grantor who remains in possession and later conveys to a bona fide purchaser may be estopped from claiming the senior deed.

The surveyor's role in a senior-junior analysis is to determine the physical extent of the overlap on the ground, not to resolve the legal priority. The legal determination is the province of the attorney and the court. But the surveyor must understand the framework to properly present the evidence.

Overlap and Gap Detection#

Overlaps

An overlap exists when two descriptions claim the same area. Overlaps arise from:

• Errors in the original surveys (a boundary was established in the wrong location)
• Descriptions written from different surveys that used different control
• Mathematical errors in one or both descriptions
• Deliberate overreaching by a grantor

The surveyor detects overlaps by plotting the subject description together with all adjoining descriptions and comparing the boundaries. Where two described boundaries occupy the same space but belong to different parcels, an overlap exists.

Gaps

A gap exists when no description claims a strip or area between two parcels. Gaps arise from:

• Descriptions that were intended to share a common boundary but were written with slightly different courses, leaving an unintended strip between them
• Sequential conveyances from a larger parcel where the remnant was never described
• Errors in the original survey that left land unaccounted for

Like overlaps, gaps are detected by plotting all descriptions in the area and examining the spaces between them.

"If there is so much disparity between the facts revealed by the survey and the words in the description that a reasonable answer is inept, then recourse to an agreement line is most plausible." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.17

Interpreting Conflicting Calls#

Within a single description, different elements may point to different boundary locations. A stated distance may not reach the cited monument. A bearing may not arrive at the called-for adjoiner. When this happens, the rules of construction provide the framework for resolution.

The Hierarchy Applied

The general order of priority (monuments over adjoiners over distances over bearings over area) is not absolute. It is a guide, subject to the overarching principle that the intent of the parties controls.

"Although the main consideration is given to monuments because they are assumed to have been placed with the intention of showing the evidence of control, there can be importance given to other calls in relation to the circumstances surrounding them." -- Wattles, Writing Legal Descriptions (1976), Ch. 4, p. 4.3

A monument that is clearly erroneous -- placed in the wrong location, or not called for at the time of the original survey -- will not control simply because it is a monument. The rules of construction are tools for discerning intent, not mechanical formulae.

Specific Rules

Ties to adjoiners. When a description calls for an adjoiner's boundary ("thence to the south line of Smith's land"), the surveyor must establish that boundary first and then tie to it. Whatever the actual measured distance, the tie to the adjoiner controls over the stated distance.

"When a description ties to a monument, that monument controls the survey. When a description ties to the south line of Smith's land, then the survey must establish the south line of Smith's land and go to it." -- Wattles, Writing Legal Descriptions (1976), Ch. 3, p. 3.17

Excess or shortage. When the total measured distance along a boundary exceeds or falls short of the sum of the recorded distances, the surveyor must investigate each course rather than mechanically prorating the difference.

"You cannot take an excess or shortage found in a description and prorate it among all the courses described... proration is to be used only as a last resort." -- Wattles, Writing Legal Descriptions (1976), Ch. 7, p. 7.18

Obvious mistakes. When all surrounding information can be verified except one element that does not fit, the courts have held that the description as a whole is not defeated. The error is recognized and the remaining evidence is used to support the correct boundary.

"The courts have held that if all of the surrounding information can be verified except for the one item which does not fit, then the description as a whole is not defeated and all evidence is used to support it." -- Wattles, Writing Legal Descriptions (1976), Ch. 7, p. 7.14

Reverse descriptions. A description that has been rewritten in the opposite direction (reversing the traverse) can introduce errors by making the original closing course -- which absorbed accumulated error -- into a positive call.

"The lesson here is that one should not reverse the direction in which a description has been written." -- Wattles, Writing Legal Descriptions (1976), Ch. 7, p. 7.17

The "Reasonable Interpretation" Standard#

When a description admits more than one interpretation, the courts apply a standard of reasonableness: the interpretation that gives proper effect to every call, that does least violence to the stated elements, and that best reflects the probable intent of the parties is favored.

"That which is most certain and definite will prevail over the less certain and indefinite. When the exact position of a boundary is indeterminate, that construction of the description is favored which gives proper effect to every call and which does least violence to the calls." -- Wattles, Writing Legal Descriptions (1976), Ch. 7, p. 7.15

Brown's Boundary Control and Legal Principles reinforces this standard:

"The most important rule of construction is that the intention of the parties controls, and all rules of construction are subservient to that principle." -- Robillard & Wilson, Brown's Boundary Control and Legal Principles (7th Ed., 2014), Ch. 3

The reasonable-interpretation standard means that a surveyor analyzing a description must consider not just what the words say, but what the parties probably meant when those words were written. This requires examining the circumstances at the time of the conveyance, the available survey information, the state of the physical features, and the pattern of ownership in the area.

The Role of the Surveyor vs. the Attorney#

The surveyor's role and the attorney's role in description disputes are complementary but distinct.

The surveyor:

• Locates the boundary on the ground based on the description and the available evidence
• Evaluates the sufficiency of the description
• Identifies ambiguities, errors, and conflicts
• Applies the rules of construction to determine the most probable boundary location
• Presents findings in maps, reports, and (when called upon) testimony

The attorney:

• Determines the legal effect of the description (what title it conveys, to whom, subject to what)
• Resolves questions of priority between competing claims
• Advises on the legal remedies for defective descriptions (corrective deeds, quiet title actions, boundary agreements)
• Represents the client in litigation

The surveyor should not practice law, and the attorney should not survey. But each must understand enough of the other's domain to collaborate effectively. A surveyor who does not understand the legal framework for description interpretation will misapply the rules of construction. An attorney who does not understand the physical realities of surveying will misinterpret the surveyor's findings.

Common Defects and Remedies#

When a defect cannot be resolved through analysis and field evidence alone, the remedy is typically a legal instrument: a corrective deed, a boundary line agreement, or a quiet title action. The surveyor identifies the problem and proposes the technical resolution; the attorney creates the legal instrument to implement it.

"If discrepancies are discovered, corrections may be made, either through court action or corrective deeds." -- Wattles, Writing Legal Descriptions (1976), Ch. 11, p. 11.8

Key Takeaways#

• Description analysis combines mathematical skill, legal knowledge, and investigative persistence. The surveyor must evaluate sufficiency, detect errors, resolve ambiguities, and reconcile the description with the physical and record evidence.
• The analysis process is systematic: read, research, plot, check closure, identify controlling elements, reconcile with the field.
• Sufficiency is the threshold question. A description that cannot identify a single parcel may void the conveyance.
• Patent ambiguity is apparent from the face of the instrument; latent ambiguity becomes apparent only when the description is applied to the ground. The resolution methods differ.
• Senior-junior analysis determines which deed has priority when descriptions overlap. The grantor can only convey what the grantor owns.
• Gaps and overlaps are detected by plotting all descriptions in an area and examining the boundaries between them. Proration is a last resort.
• When calls conflict, the hierarchy of evidence provides guidance: monuments over adjoiners over distances over bearings over area. But the overarching principle is that the intent of the parties controls.
• The reasonable-interpretation standard favors the reading that gives proper effect to every call and does least violence to the description as a whole.
• The surveyor locates the boundary; the attorney determines the legal effect. Both must understand enough of the other's domain to collaborate effectively.
• Common defects include misclosure, transposed digits, missing courses, wrong bearing basis, and ambiguous points of beginning. Each has characteristic symptoms and established methods of resolution.

References#

1. Wattles, G.H. Writing Legal Descriptions (1st Ed.). Rancho Cordova, CA: Landmark Enterprises, 1976. Chapters 3, 4, 5, 7, and 11.
2. Robillard, W.G. & Wilson, D.A. Brown's Boundary Control and Legal Principles (7th Ed.). Hoboken: Wiley, 2014. Chapters 1--7, 19--21.
3. Robillard, W.G. & Wilson, D.A. Evidence and Procedures for Boundary Location (6th Ed.). New York: Wiley, 2011. Chapters 1--6.
4. U.S. Department of the Interior, Bureau of Land Management. Manual of Surveying Instructions (2009).
5. Black, H.C. Black's Law Dictionary (11th Ed.). Thomson Reuters, 2019.